General Power of Attorney for Care and Custody of Child or Children - South Dakota 2025

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How to use or fill out General Power of Attorney for Care and Custody of Child or Children - South Dakota

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in your name as the parent(s) of the child(ren) at the top of the form. Ensure that you provide accurate information to avoid any legal issues.
  3. Next, identify the child(ren) for whom you are granting power of attorney. Clearly list their names in the designated section.
  4. Select your Attorney-in-Fact by entering their name. If appointing multiple individuals, specify how they will act (jointly or individually).
  5. Proceed to complete each section regarding authority granted, including education decisions, health care choices, and general powers. Be thorough in detailing what decisions your Attorney-in-Fact can make.
  6. Review any exclusions carefully, particularly regarding marriage or adoption consent, ensuring you understand what is not permitted.
  7. Finally, sign and date the document at the bottom. Ensure that a notary public witnesses your signature for it to be legally binding.

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Granting someone power of attorney to care for a child gives that individual many rights and responsibilities, but it does not transfer legal custody. A POA allows you as the agent, the person they have entrusted with the care of your child, the ability to make custodial decisions while your child lives with you.
A power of attorney (POA) is a legal document that grants one person the authority to act on behalf of another in specific matters. While a POA can grant docHub decision-making powers, it does not inherently override parental rights.
To make your power of attorney valid in South Dakota, you must write it, and either you sign it or direct someone to sign it for you in your conscious presence. A notary public must also attest to your signature per 59-12-4.
Control: An individual grants a power of attorney, while a court grants guardianship. This means a power of attorney gives the individual more control over the relationship and parameters of authority.
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